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HomeMy Public PortalAbout09.23.10 Regular Minutes ApprovedMINUTES McCall City Council Regular Meeting Legion Hall (McCall City Hall - Lower Level) September 23, 2010 Agenda Call to Order and Roll Call Work Session Pledge of Allegiance Approve the Agenda Public Hearing Public Comment Business Agenda Consent Agenda Executive Session Adjournment CALL TO ORDER AND ROLL CALL Mayor Bailey called the regular meeting of the McCall City Council to order at 5:30 p.m. Mayor Bailey, Council Member Delaney, Council Member Kulesza, Council Member Scott and Council Member Witte answered roll call. City staff present were Lindley Kirkpatrick, City Manager; Bill Nichols, City Attorney; Carol Coyle, Grant Coordinator; John Anderson, Airport Manager; Jerry Summers, Police Chief; Dennis Coyle, Parks and Recreation Director; Peter Borner, Public Works Director; Bradley Kraushaar, City Planner; and BessieJo Wagner, City Clerk. WORK SESSION There was a general discussion on the process used to fill a Council vacancy and the reference to the Committee of the Whole. AB 10-200 Community Development Block Grant Carol Coyle, Grant Coordinator, presented information regarding the Community Development Block Grant program through the Idaho Department of Commerce. Mrs. Coyle explained that the process is very competitive. In order to submit an application the City must be an eligible applicant, with an eligible project that meets one of the national objectives. Mayor Bailey thought that the Krahn Lane Business Park should look at the Community Development Block Grant. McCall City Council Regular Meeting August 26, 2010 Page 1 of 9 Council Member Witte asked how the ice rink was considered and awarded, it was clarified that the Sabala Foundation was non-profit and were the sub recipients. The funds were awarded for new job creation and economic development. Mayor Bailey led the audience in the Pledge of Allegiance at 6:03 p.m. Mayor Bailey approved the agenda as presented. PUBLIC HEARING AB 10-212 CA-10-03 Fences in the 50' Lakeshore Setback - Ordinance Bradley, Kraushaar, City Planner, presented the code amendment to the Council. The amendment would prohibit fences in the 50' setback on the shoreline. There was a general discussion to clarify the difference between a fence and a structure. Council Member Scott expressed some concern with the not allowing fences around the water for the safety of children. Council Member Delaney recommended changes to clarify the reference made to the fences section. Council Member Witte also recommended changes by adding a section — "E - structures do not include lot line fences in all zones except the shoreline river environs zone where they are not permitted below the 50' setbacks and high water marks." Mr. Kraushaar suggested that the language be clarified to read "except as otherwise provided in §3.7023". Bill Nichols, City Attorney, suggested adding the language "fencing greater than 30 inches shall not extend along the 50' setback at the shoreline" Mr. Kraushaar clarified the two changes as to change the reference in the structures portion to §3.7023 instead of §3.810, and the change referenced by Mr. Nichols. There was a general consensus from the Council. Mayor Bailey opened the public hearing for the CA-10-03 Fences in the 50' Lakeshore Setback. Hearing no comments, Mayor Bailey closed the Public Hearing. Mayor Bailey moved to amend the proposed language to §3.20b meanings of terms or words as follows: • Paragraph C, change the section number from 3.810 to 3.7.023 McCall City Council Regular Meeting Page 2 of 9 August 26, 2010 " Amend 3.7.023 to add after the word fencing in the second sentence "fences greater than 30 inches in height" Council Member Witte seconded the motion. In a roll call vote Mayor Bailey, Council Member Witte, Council Member Delaney, Council Member Kulesza and Council Member Scott all voted aye and the motion passed. Council Member Delaney moved to suspend the rules, read by title only, one time only, Ordinance No. 880 amending Title 3. Council Member Kulesza seconded the motion. In a roll call vote Council Member Delaney, Council Member Kulesza, Mayor Bailey, Council Member Scott, and Council Member Witte all voted aye and the motion passed. Ordinance No. 880 was read by title only, one time only by Mrs. Wagner. Mr. Nichols stated that there was an error in the title of the ordinance, and there was a need to amend the title to add reference to 30 inches and the environs zone. Mayor Bailey moved to amend the title of Ordinance 880 to read "An Ordinance of McCall, Valley County, Idaho, amending MCC 3.202 and 3.7023 to prohibit fences greater than 30 inches in height, within the 50' in the shoreline and river environs zone." Council Member Delaney seconded the motion. In a voice vote, all members voted aye and the motion carried. Council Member Delaney moved to suspend the rules, read by title only, one time only, Ordinance No. 880 amending Title 3. Council Member Kulesza seconded the motion. In a roll call vote Council Member Delaney, Council Member Kulesza, Mayor Bailey, Council Member Scott, and Council Member Witte all voted aye and the motion passed. Ordinance No. 880 was read by title only, (as amended) one time only by Mrs. Wagner. Council Member Delaney moved to adopt Ordinance No. 880 amending Title 3, approve the publication of the summary as amended to match the amendments made to the ordinance, and authorize the Mayor to sign all necessary documents. Council Member Council Member Kulesza seconded the motion. In a roll call vote Council Member Delaney, Council Member Kulesza, Mayor Bailey, Council Member Scott, and Council Member Witte all voted aye and the motion passed. AB 10-209 CA-10-04 Accessory Dwelling Units  Ordinance Bradley, Kraushaar, City Planner, presented the code amendment to the Council. Mr. Kraushaar stated that the Planning and Zoning Commission recommended that the code amendment be continued to the next meeting so that the Planning and Zoning could meet again and make a recommendation to Council. Mayor Bailey opened the public hearing for the CA-10-04 Accessory Dwelling Units at 6:35 p.m. McCall City Council Regular Meeting Page 3 of 9 August 26, 2010 Mayor Bailey moved to continue the public hearing for CA-10-04 to a date certain of November 18, 2010. Council Member Delaney seconded the motion. In a roll call vote Mayor Bailey, Council Member Delaney, Council Member Kulesza, Council Member Scott, and Council Member Witte all voted aye and the motion passed. AB 10-210 CA-10-05 Single Family Dwellings in the CBD — Ordinance Bradley, Kraushaar, City Planner, presented the code amendment to the Council. Mayor Bailey opened the public hearing for the CA-10-05 Single Family Dwellings in the CBD — Ordinance at 6:41 p.m. Grant Bennett, 1610 Moore St, spoke in favor of the code amendment. Mirella Ventress, second home owner, spoke in favor of the code amendment. Mrs. Ventress would like to have the ability to remodel their second home so that she can make it her primary home. Hearing no further comments, Mayor Bailey closed the Public Hearing. Mayor Bailey gave an explanation of his reasoning for denying the proposed code amendment. He stated that the amendment would be in conflict with the Comprehensive Plan. (Memo attached) Council Member Delaney stated that based on Mayor Bailey's memo and the Planning and Zoning Commissions comments on what affect the amendment would have on the Central Business District, she was also opposed to the amendment. Council Member Kulesza stated that the current code was put into place to preserve space for business growth. He also commented that the current code was consistent with the Comprehensive Plan. Council Member Scott did not think that the amendment was the right thing to do. She stated that the Central Business District was small and should be enhanced as the City grows. There was general discussion that the idea of exceptions could be discussed in a joint meeting with the Planning and Zoning Commission. Mr. Nichols stated that he would rather they take some affirmative action so the record was clear. Council Member Kulesza moved to not adopt CA-10-05 Single Family Dwellings in the CBD. Council Member Delaney seconded the motion. In a roll call vote Council Member Kulesza, Council Member Delaney, Mayor Bailey, Council Member Scott, and Council Member Witte all voted aye and the motion passed. Mayor Bailey gave a brief explanation to the public as to the process. McCall City Council Regular Meeting Page 4 of 9 August 26, 2010 PUBLIC COMMENT Mayor Bailey called for public comment at 7:01 p.m. Hearing no comments, Mayor Bailey closed the public comment period. BUSINESS AGENDA AB 10-214 HJR5 Educational Presentation Lindley Kirkpatrick, at the request of Mayor Bailey, presented educational information on the House Joint Resolution 5 that will be on the ballot November 2, 2010. AB 10-201 Tree Committee Annual Report John Lillehaug, Chairman of the Tree Advisory Committee, presented the Advisory Committee's annual report. AB 10-206 Tree Committee Appointment Re -appoint John Lillehaug to the Tree Committee to a three year term to expire October 2013. Council Member Delaney moved to appoint John Lillehaug to the Tree Committee to a three year term to expire October 2013. Council Member Scott seconded the motion. In a voice vote all members voted aye and the motion carried. AB 10-211 Variance — Ventress Living Room Addition Bradley, Kraushaar, City Planner, presented VAR-10-01: 1204 Mill Rd. He stated that the Planning and Zoning Commission's recommendation was for denial of the application. There was a brief discussion defining a variance as an opportunity to use property when the code requirement prevents any viable use of the property. Mr. Nichols clarified that in some parts of the Country a Variance may not be as strict as it is in Idaho. The Idaho Code is very strict when it comes to a variance. Council Member Delaney moved to deny VAR-10-01 on the basis that the code does not authorize the granting of variances for use -related matters, and that the proposed application fails to meet the variance criteria of MCC 3.13.021 (as articulated in the Council's Findings and Conclusions). Applicant interrupted and stated that he felt that the application denial was unjust without the opportunity for the Council to hear from the applicant. Mr. Nichols advised the Council can choose to withdraw the motion and hear from the applicant. McCall City Council Regular Meeting Page 5 of 9 August 26, 2010 Council Member Delaney withdrew the motion. Mayor Bailey allowed 5-7 minutes to hear from the applicant's representative. Grant Bennett, representing the applicant, gave their reasoning for allowing the Variance application, particularly to MCC 3.4.04 (D). Stating that paragraph D requires that residential uses are allowed in the Central Business District only if 50% of the ground floor of the development is devoted to commercial or public use. The applicant stated that their request was directly related to paragraph D. The applicant relayed to Council the process they have already been through to get approval for their project. He stated that they were advised approximately two hours prior to the Planning and Zoning meeting that their application was not recommended for approval even though a reasonable amount of work had been done in August to try to facilitate the application. The Council felt that the code was clear on this type of Variance. The Council had discussion as to when it would be appropriate to look at this particular request. A scheduled joint meeting with the Planning and Zoning Commission will give both the Commission and the Council an opportunity to look at this type of issue. Council Member Delaney moved to deny VAR-10-01 on the basis that the code does not authorize the granting of variances for use -related matters AND that the proposed application fails to meet the variance criteria of MCC 3.13.021 (as articulated in the Council's Findings and Conclusions with the grammatical errors amended). Council Member Kulesza seconded the motion. In a roll call vote Council Member Delaney, Council Member Kulesza, Mayor Bailey, Council Member Scott, and Council Member Witte all voted aye and the motion passed. Jason Ventress was concerned with the process and did not feel that they were advised adequately. AB 10-205 Code Amendments to Title 5- Ordinance Jerry Summers, Police Chief, changes to Title 5 need to be made as there are some inconsistencies with State Code. Council Member Witte asked why state code did not replace City Code in the City Code. Mr. Nichols explained that when it is covered in Idaho Code it does not need to be referenced in City Code. Council Member Witte moved to suspend the rules, read by title only, one time only, Ordinance No. 881 amending Title 5. Council Member Scott seconded the motion. In a roll call vote, Council Member Witte, Council Member Kulesza, Council Member Delaney, Mayor Bailey, and Council Member Scott all voted aye and the motion passed. Ordinance No. 881 was read by title only, one time only by Mrs. Wagner. Council Member Witte moved to adopt Ordinance No. 881 amending Title 5, approve the publication of the summary, and authorize the Mayor to sign all necessary documents. McCall City Council Regular Meeting Page 6 of 9 August 26, 2010 Council Member Kulesza seconded the motion. In a roll call vote, Council Member Witte, Council Member Kulesza, Council Member Delaney, Mayor Bailey, and Council Member Scott all voted aye and the motion passed. Council Member Delaney moved to approve the publication of the Summary. Council Member Witte seconded the motion. In a roll call vote, Council Member Delaney, Council Member Witte, Council Member Kulesza, Mayor Bailey, and Council Member Scott all voted aye and the motion passed. AB 10-207 Wastewater Industrial User Agreement with USFS Peter Borner, Public Works Director, presented the revised agreement. There was a brief discussion to clarify the parts of the agreement that were changed by the USFS. Council Member Kulesza moved to approve the Industrial User Agreement with the USFS and authorize the Mayor to sign all necessary documents. Council Member Delaney seconded the motion. In a roll call vote Council Member Kulesza, Council Member Delaney, Mayor Bailey, Council Member Scott, and Council Member Witte all voted aye and the motion passed. AB 10-208 Recycle Center Lease Agreement with Valley County Peter Borner, Public Works Director, presented the lease to Council. Mr. Borner also updated the Council on the status of the Recycle Partners project stating that they have building plans and enough funds to build. However they will continue to raise funds for the equipment of the building. Council Member Delaney moved to approve the Recycle Center Lease with Valley County after approval by County Commission and authorize the Mayor to sign all necessary documents. Council Member Scott seconded the motion. In a roll call vote Council Member Delaney, Council Member Scott, Mayor Bailey, Council Member Kulesza and Council Member Witte all voted aye and the motion passed. AB 10-215 Formation of a McCall Centennial Committee Mayor Bailey confirmed the creation of the temporary McCall Centennial Committee. He appointed Council Member Witte the Chair of the Committee and Council Member Scott as Vice -Chair. Mayor Bailey also recommended that the committee be made up of the Chairs of all the City Advisory Committees. He also stated that the City Staff liaison should be Carol Coyle. Carol Coyle stated that she would like anyone within the community who has expressed interest to have the opportunity to participate. Mayor Bailey stated that an ad should be placed in the paper for the interest for community involvement. There was general discussion and ideas for the Centennial Committee. McCall City Council Regular Meeting Page 7 of 9 August 26, 2010 Schedule City Council meeting date to discuss Council's guidance for Centennial Committee, desires for Centennial activities and establish Centennial Committee duties and responsibilities. Council Member Kulesza had a comment on the paving of Park Street. Mr. Borner stated that there were some issues with getting Park Street paved this year and it is on schedule for FY11. Council Member Kulesza suggested that an article be placed in the paper with a plan and status of the project. CONSENT AGENDA Staff recommended approval of the following items: • Minutes September 9, 2010 • Special Minutes March 26, 2010 • Warrant Registers printed on 9/14/2010 • Payroll Report for Period ending 8/06/2010 • Catering Activity Report Period ending 9/13/2010 • Alcohol License Activity Report period ending 9/13/10 • AB 10-204 Authorization for the Destruction of Records — Resolution 10-17 • AB 10-203 Terrorism Insurance Waiver • AB 10-202 City Attorney Retainer Agreement for FY11 • AB 10-199 Contingent Revenue and Expense line item transfers for RV grant for Central Idaho Historical Museum parking lot improvements and EECBG project management • AB 10-213 Certified Local Government Grant for Historic Preservation Plan (Added 9/20/10) Some discussion took place to clarify the warrant register. Some discussion took place on the road closures for events and how it affects businesses. Council Member Kulesza moved to approve the Consent Agenda as presented and authorize the Mayor to sign all necessary documents. Council Member Delaney seconded the motion. In a roll call vote Council Member Kulesza, Council Member Delaney, Mayor Bailey, Council Member Scott, and Council Member Witte all voted aye and the motion passed. The mayor called for a 5 minute recess. EXCUTIVE SESSION At 8:31 p.m. Council Member Delaney moved to go into Executive Session for: McCall City Council Regular Meeting August 26, 2010 Page 8 of 9 " Litigation  Pursuant to Idaho Code �67-2345(1) (f) to communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Council Member Scott seconded the motion. In a roll call vote Council Member Delaney, Council Member Scott, Mayor Bailey, Council Member Kulesza, and Council member Witte all voted aye and the motion passed. Council discussed the Payette Lakes Water and Sewer District litigation issues and possible strategies and solutions. ADJOURNMENT Without further business, the Mayor adjourned the meeting at 9:41 p.m. Donald C. Bailey, Mayor BessieJo Wagi r, City Cl McCall City Council Regular Meeting Page 9 of 9 August 26, 2010 20 September 2010 To: City Council From: Don Bailey, Mayor cc. Lindley Kirkpatrick, Michelle Groenevelt, William Nichols Subject: Proposed Code Amendment CA-io-o5 to Title 3, Section 3.4.02 Reference: Council Meeting September 23, 2010 This code amendment is to remove restrictions to construction of new residential units within the CBD, currently not permitted except as a part of a mixed use development. I thank the Staff for clearly explaining the amendment, especially the map of the area in question. However, there are important facts and information which have not been included in the materials with this amendment. Attached are copies of some of this information, including: a. Zoning map of the CBD, including information from the Comprehensive Plan regarding the area of the CBD as compared to the total area of the City. b. Future Land Use Map from the Comprehensive Plan c. Applicable pages from the Comp Plan d. Section 3.13.03 of Title 3, Conditional Use Permit Standards There also was no information regarding the history of the Code section and the reasons for adding residential use standards to the CBD, as well as the other commercial and industrial zones. During the years of 1995 to 2005, there was considerable pressure by developers to use land vacated by the sawmill and railroad facility for residential uses. Much of this land had been planned for a convention center and hotel, which did not come to pass; this land at the time was zoned as CB (Central Business). When the convention center project was abandoned, most of the land where the mill had been located was subdivided and several large, expensive single family homes were built; there are still several vacant lots in this subdivision. Other portions of the land in question were developed as upscale condominiums (Greystone and others); Greystone 3 is the most recent one, which remains unfinished (notably the streets and sidewalks) . The Council recently rezoned a large portion of the original CBD area where much of this development occurred to residential zone R4 or R8, with the northern boundary being Hemlock St. The remainder is shown on the attached zoning map, consisting of only 1.7% of the total area of the City. When Title 3 was amended in 1996, the planned changes to the commercial and industrial zones were presented to the Council. All of these changes, to restrict new residential development, were thoroughly debated by the Citizen's committee organized to review the proposed changes to Title 3 and Title 9, the Planning and Zoning Commission, City Staff and the City Engineer, CH2. In fact, the change to restrict residential development to mixed use only in these zones was the idea of City Staff, support by the CH2 architect who assisted with the code rewrite. The changes to Title 3, as well as the introduction of new Title 9, were explained to the City Council initially by a memo from staff dated January 9, 2006. A.n excerpt is, from page3: 4. Chapter 4 — Commercial Zones and Standards d. To preserve land for commercial uses, residential development would no longer be allowed in commercial zone districts except in mixed use projects. It is my recollection that the Council discussed this change and unanimously supported it. The concern was the rapidly disappearing land available for commercial use within the most important part of the City for such use. But note that, except for the CBD, the other commercial zones do permit single family dwellings subject to a conditional use permit (CUP). Such development within the CBD is not permitted at all, except as a part of a mixed use project, as this land is the most important in the City for commercial development as noted in the Comp Plan. Also attached are the CUP standards for accepting an application; it would be very difficult, using these standards, to deny an application for a residential development in the CBD if this amendment is adopted. So what is the motivation for the proposed change in the CBD? I believe it is in response to the request of one individual who wishes to expand his existing residence located on East Lake St. See the following application of this meeting for a variance. I strongly oppose this proposed amendment and urge its denial for two reasons: i. It is not appropriate to make such a significant code change in response to the request of one individual. 2. The change has the potential to continue the development of any remaining open land, or redevelopment of older structures, into single family residential or multifamily residential projects, at the expense of appropriate and desirable commercial development, contrary to the direction of the Comp Plan. d ;3/ 3N pZ 2, ff.,-7 o °Ja L'I = 05.3 � � ' 7 Ci r -7 ) -a �b 7 )•1 V -7 of 0.2 ��11 1. I I���� ;' I. 111111 111111 1111111 11111111111111 Airport (AP) -The AP land use designation is intended for use by the McCall municipal airport and the surrounding related facilities and properties. AP is an existing zone district. On the 2007 FLUP it is applied to the current airport property and a strip of land on the east side identified for airport related facilities in the Airport Master �Ian. Business Park (BP) -The BP land use designation is intended to provide for office, light industrial and other employment facilities. Mixed use is allowed. BP is a new designation that will require the creation of a new zoning map designation and code text. On the 2007 FLUP, it is applied to properties with land characteristics suitable for business parks (e.g. good access, flat, can be buffered from adjacent uses). The business park area on the east side of the airport is intended to be screened from Highway 55 by topography, vegetation, and other elements. Central Business District (CBD) -The CBD land use designation is intended to preserve and enhance the McCall downtown area as the historic heart of McCall, and the primary tourist and pedestrian activity area of the community. A variety of retail, service, and mixed use establishments associated with the traditional main street environment are permitted.This zone allows residential uses at a maximum of 60 dwellings per acre. CBD is an existing zone. On the 2007 FLUP it follows the existing zoning, :except for a expansion to extend the CBD to Mission Street and a reduction to the zone north of Hemlock Street where it is already developed as a residential area. Community Commercial (CC) -The CC land use designation supports general commercial uses that serve the greater community of McCall.These retail, service, and mixed use establishments may be automobile -oriented and require a larger lot area than typical in the downtown, provided that they are designed to safely and comfortably accommodate those arriving by foot, bicycle, or transit.This zone allows residential uses at a maximum of 40 dwelling units per acre. CC is an existing zone. On the 2007 FLUPthe CC lands follow existing CC zoning, except for the lands re- designated to Business Park, south of East Deinhard Lane. Civic Use (CV) -The CV land use designation is intended to provide for governmental offices and other civic facilities including governmental, cultural and recreational facilities. Mixed use is allowed in combination with public uses. CV is an existing zone district. On the 2007 FLUP it is applied to schools, parks, hospital, and other selected public properties. Industrial (I) -The Industrial land use designation is intended to provide for general industrial uses that will support a growing economy and yet are not detrimental to any abutting uses. Furthermore, industrial activities shall not interfere with the operation of the airport or any transportation facility. Industrial is an existing zone. On the 2007 FLUP it follows existing Industrial zoning with some slight modifications. Ponderosa State Park (PS) -The PS land use designation is intended for the lands within Ponderosa State Park. Ponderosa State Park is not an existing zone. The land is currently zoned Residential Estate. On the 2007 FLUP it follows the park boundaries. Rural Residential (RR) -The RR land use designation is the least intense residential designation in the city, and is intended to guide development away from unsuitable areas, to preserve ecologically sensitive and important recreation areas.This zone allows for the development of single-family homes on significant acreage at a maximum density of one dwelling unit per ten acres. RR is an existing zone. On the 2007 FLUP RR is applied to properties at the outer edges of the Area of Impact. Estate Residential (RE) -The RE land use designation permits the development of large lot, single-family residential areas, and is intended to provide for a rural setting and encourage preservation of open space and recreation areas.This zone allows a maximum density of one dwelling unit per five acres. RE is an existing zone. On the 2007 FLUP RE is applied to areas with existing five acre lots (e.g River Ranch), and future areas where low density and cluster zoning is planned. One -Acre Residential (R-1) -The R-I land use designation permits the development of large lot single-family residential areas and is intended to allow larger lot residential subdivisions.The zone allows a maximum density of one dwelling unit per acre. R- I is an existing zone, but a new Comprehensive Plan designation. On the 2007 FLUP it is mapped north of Highway 55 in the Bear Basin area. 46 City of McCall 4110 Community Concerns The McCall Future Land Use Plan is an important planning and management tool to address growth issues and imple- ment the Vision Statement. It locates diverse land uses in appropriate places, improves efficiency and functionality, helps maintain the scenic and mountain character of McCall, and addresses appropriate zoning densities to address desired build -out population goals. During the Comprehensive Plan Update process, participants advocated for land use goals that emphasize respecting and protecting the environment and natural beauty of McCall, protecting and preserving natural open landscapes and rural settings surrounding McCall, discouraging and limiting upzoning, and ensuring public access to the network of pathways and open public spaces. Citizens were particularly concerned about the use of the R- 16 zone and felt that the opportunities for the R- 16 zone should be limited to the appropriate scale and location. Participants were also very concerned about the draft Airport Master Plan and consistency between the Comprehensive Plan and Airport Master Plan. During each of the Design Dialogue workshop series, stakeholders and community members identified many issues, opportunities and concerns for McCall's future, The following is a summary list of these items that were translated into land use goals and objectives. Many of these issues also relate to Community Character. Preserving, enhancing and building a great community for McCall's full time residents • Providing a variety of housing and residential zones • Downtown as a priority area • A civic campus and public gathering place in the downtown Completion of sidewalks downtown and along Third Street, as priority areas A lakefront path or boardwalk • Need for appropriately zoned land (e.g. business parks) that will support economic diversification • Concern about impacts related to the airport, potential airport expansion, and consistency between the Comprehensive Plan and Airport Master Plan The need for design standards for business parks and potential visual impacts along Highway 55, south of McCall • Expansion of the Area of Impact so the City can guide land use adjacent to McCall • Creation of"heritage landscapes" in the Farm -to - Market area and West Valley • Support for clustering and village style design • Creation of scenic corridors for the south entrance (Johnson Lane to Four Corners) and the west entrance into McCall ("Big Pine" area —Warren Wagon Road to west Area of Impact boundary) Concern for development of state endowment Lands, and desire to promote clustering concepts and environmental stewardship when endowment lands around the lake are considered for development • Linking of land uses in McCall with an excellent bike and trail system Goals and Objectives Goals: I. Preserve and enhance the area's natural, social, and physical environments. II. Emphasize and promote public parks and open spaces in land use planning, III. Emphasize and promote a variety of recreational and civic facilities in land use planning. IV. Plan for a variety of appropriate land uses, minimizing negative environmental impacts from growth. V. Retain rural character and natural undeveloped landscapes of the area surrounding the developed portions of McCall. VI. Plan and develop the Central Business District in McCall as the heart of the community. VII. Plan for a variety of residential areas in McCall. VIII. Plan for commercial areas that create mixed use centers and/or mixed use transportation corridors. IX. Plan for business parks and light industry to support economic diversification and local jobs in McCall. 48 City of McCall. 111) Sterling Codifiers, Inc. Page 1 of 2 3.13.03: CONDITIONAL USE PERMIT STANDARDS: In the various zones, certain uses are permitted, subject to the granting of a conditional use permit. Because of their unusual characteristics, these uses require special consideration so that they may be located properly with respect to the objectives of this title (and title IX of this code) and with respect to their effects on surrounding properties. In order to achieve these purposes, the commission is empowered to grant or deny applications for conditional use permits as are prescribed in this chapter and to impose reasonable conditions upon the granting of such permits. (A) Public Hearing: The commission will set the date for and hold a public hearing and subsequently make recommendations to the council for approval or denial of the request in accordance with the provisions set forth in chapter 15, "Procedures, Appeals And Action", of this title. (Ord. 821, 2-23- 2006, eff. 3-16-2006) (B) Findings For Granting Permit: A conditional use permit shall be granted only if the commission finds that the use, as applied for, in fact will: 1. Constitute a conditional use authorized in the zone involved. 2. Be harmonious with and in accord with the general objectives and with any specific objectives of the comprehensive plan and/or this title. 3. Be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or likely character of the neighborhood, and that such use will not change the essential character of the surrounding area. 4. Not be detrimental to the health, safety and general welfare of persons residing or working in the neighborhood of such proposed use. 5. Not cause any substantially harmful environmental consequences to any land or waters within the planning jurisdiction. 6. Not create excessive additional public cost for public facilities and services, and will not be detrimental to the economic welfare of the community. 7. Be served adequately by essential public facilities and services including highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. The applicant may be required, as a condition of approval, to mitigate any deficient public service. 8. Not involve uses, activities, processes, materials, equipment or conditions of operation that will cause unreasonable production of traffic, noise, smoke, fumes, glare, odors or other forms of pollution. 9. Have vehicular approaches to the property so designed as not to create a detrimental interference with traffic on surrounding public or private thoroughfares, or adversely affect the pedestrian environment. http://www.sterlingcodifiers.com/codebooklgetBookData.php?id=&section_id=508623&keywords= 9/11/2010 Sterling Codifiers, Inc. Page 2 of 2 10. Not result in the destruction, loss or damage of an important natural, scenic or historic feature. 11. Be on a site of sufficient size to accommodate the proposed use, including the yards, open spaces, snow storage, walls, fences, parking areas, loading zones and design standards applicable. 12. Have a minimal negative economic impact on the neighborhood or surrounding community. (Ord. 864, 2-12-2009) (C) Required Conditions: The commission may, after review of the application for a conditional use permit and public hearing, require the applicant to meet any specific conditions of approval deemed necessary by the commission to protect the health, safety, general welfare and environment of the community. Such conditions are not limited to, but may include: 1. Limitations on the hours of operation of the use; 2. Limitations on the length of time that the conditional use permit may be exercised before it will expire by its own terms; 3. Additional landscaping and building beautification; 4. Additional or reduced off street parking or transportation improvements; and/or 5. Execution of a written agreement respecting construction of necessary improvements similar in form and content to a subdivision agreement, with its performance secured in the same fashion as performance of a subdivision agreement. (D) Imposing More Restrictive Standards: Upon recommending approval of a conditional use permit, the commission may impose more restrictive standards than those generally required. (Ord. 821, 2-23-2006, eff. 3-16-2006) http://www.sterlingcodifiers.com/codebook/getBookData.php?id=&section_id=508623&keywords= 9/11/2010